USA V. JOHN ROMERO, No. 13-50196 (9th Cir. 2015)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAR 17 2015 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 13-50196 D.C. No. 2:09-cr-00260-R v. MEMORANDUM* JOHN J. ROMERO, a.k.a. John Romero, Jr., Defendant - Appellant. Appeal from the United States District Court for the Central District of California Manuel L. Real, District Judge, Presiding Submitted March 10, 2015** Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. John J. Romero appeals pro se from the district court’s order denying his motion for a determination that 29 U.S.C. § 504(a) is inapplicable to him. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Romero contends that he is not subject to section 504(a)’s 13-year restriction on serving as a officer for a labor organization because the statute is penal, rather than remedial. Romero does not explain why this distinction is important, and, in any event, he is incorrect. See De Veau v. Braisted, 363 U.S. 144, 159-60 (1960). Romero also asserts numerous challenges to the sentence imposed for his underlying conviction for making false statements to the United States Department of Labor, in violation of 18 U.S.C. § 1001(a)(2). These arguments are not properly raised in this appeal, and are moot in view of Romero’s completion of his sentence and supervised release term. See United States v. Palomba, 182 F.3d 1121, 1123 (9th Cir. 1999). AFFIRMED. 2 13-50196

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